[1]
Editor's Note: See Section 8-2B-1 of this chapter for consent by ordinance to drill water wells.
[Ord. 538, 6-6-1994; amended by 2003 Code]
Pursuant to the authority conferred by 65 Illinois Compiled Statutes 5/11-125-4, 415 Illinois Compiled Statutes 4/14.2 and 5/14.3, and in the interest of securing the public health, safety, and welfare; to preserve the quality and quantity of ground water resources in order to assure a safe and adequate water supply for present and future generations; and to preserve ground water resources currently in use and those aquifers having a potential for future use as a public water supply, the provisions of this chapter shall apply to all properties located within the minimum setback zone established under Section 14.2 of the environmental protection act ("act")[1] and this chapter, and the maximum setback zone established under Section 5/14.3 of the act[2] and this chapter.
[1]
Editor's Note: See 415 ILCS 5/14.2.
[2]
Editor's Note: See 415 ILCS 5/14.3.
[Ord. 538, 6-6-1994; amended by 2003 Code]
Except as stated in this chapter, and unless a different meaning of a word or term is clear from the context, the definitions of words or terms in this chapter shall be the same as those used in the act and the Illinois ground water protection act.[1]
ACT
The environmental protection act.[2]
AGENCY
The Illinois environmental protection agency.
BOARD
The Illinois pollution control board.
MAXIMUM SETBACK ZONE
The area around a community water supply well established under Section 5/14.3 of the act and this chapter, and described in appendix A attached to ordinance 538 on file in the office of the village Clerk and made a part hereof.
MINIMUM SETBACK ZONE
The area around a community water supply well established under Section 5/14.2 of the act and this chapter, and described in appendix A attached to ordinance 538 on file in the office of the village Clerk and made a part hereof.
[1]
Editor's Note: See 415 ILCS 55/1 et seq.
[2]
Editor's Note: See 415 ILCS 5/1 et seq.
[Ord. 538, 6-6-1994]
A. 
Except as provided in Section 8-2A-4 or 8-2A-5 of this chapter, no person shall place a new potential primary source, new potential secondary source, or new potential route within the minimum setback zone of 200 feet of wells numbers 4, 6, 7, and 8 - IEPA wells numbers 40022, 40024, 40025 and 40026, all shown in appendix A attached to ordinance 538 on file in the office of the City Clerk and made a part hereof and located in the northeast quarter of Section 20, township 22 north, range 4 east, McLean County, Illinois.
B. 
Except as provided in Section 8-2A-4 of this chapter, no person shall place a new potential primary source within the maximum setback zone of 1,000 feet of wells numbers 4, 6, 7 and 8 - IEPA wells numbers 40022, 40024, 40025 and 40026, all as shown in appendix A attached to ordinance 538 on file in the office of the City Clerk and made a part hereof and located in the northeast quarter of Section 20, township 22 north, range 4 east, McLean County, Illinois.
[Ord. 538, 6-6-1994]
A. 
If, pursuant to Section 5/14.2(b) of the act, the owner of a new potential primary source, new potential secondary source, or new potential route is granted a waiver by the agency, such owner shall be deemed to have a waiver to the same extent from Subsection 8-2A-3A of this chapter.
B. 
If, pursuant to Section 5/14.2(c) of the act, the owner of a new potential primary source (other than landfilling or land treating), new potential secondary source, or new potential route is granted an exception by the board, such owner shall be deemed to have an exception to the same extent from Subsection 8-2A-3A of this chapter.
C. 
If, pursuant to Section 5/14.2(c) of the act, the owner of a new potential primary source (other than landfilling or land treating) is granted an exception by the board, such owner shall be deemed to have an exception to the same extent from Subsection 8-2A-3B of this chapter.
D. 
If, pursuant to Section 5/14.5 of the act, the owner of a new potential primary source, new potential secondary source, or new potential route is issued a certificate of minimal hazard by the agency, such owner shall not be subject to Subsection 8-2A-3A of this chapter to the same extent that such owner is not subject to Section 5/14.2(d) of the act.
[Ord. 538, 6-6-1994]
Subsection 8-2A-3A of this chapter shall not apply to new common sources of sanitary pollution as specified pursuant to Section 5/17 of the act and the regulations adopted thereunder by the agency; however, no such common sources may be located within the applicable minimum distance from a community water supply well specified by such regulations.